The lawful use of land existing at the time this Code or amendments thereto take effect, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued for a period of one year any future use of said land shall be in conformity with the provisions of this Code.

The lawful use of a building existing at the time this Code or amendments thereto take effect, may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance or permitted under Article 23-13 of this Code are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this Code for the zone in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered unless such use is changed to a use permitted under the regulations specified by this Code for such zone in which said building is located; provided, however, that work done in any period of twelve (12) months on ordinary structural alterations or replacement of walls, fixtures or plumbing not exceeding twenty-five (25) percent of the assessed value of the building according to the assessment thereof by the Assessor of the County for the fiscal year in which such work is done shall be permitted provided that the cubical contents of the building as it existed at the time this Code or amendments thereto take effect be not increased.

An existing main building or structure conforming as to use but which does not conform to the height, yard or building site area regulations of the zone in which it is located may be altered, added to or enlarged, provided such alteration, addition or enlargement complies with such zone regulations and the size of the building as altered or enlarged does not exceed the size permitted by said height, yard and building site area regulations.

If at any time any building in existence or maintained at the time this Code or amendments thereto take effect which does not conform to the regulations for the zone in which it is located shall be destroyed by fire, explosion, act of God or act of the public enemy to the extent of more than fifty (50) percent of the total replacement value thereof, then and without further action by the City Council said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations specified by this Code for the zone in which such land and building are located.

(Ord. #88-376)

a.

General Provisions.

1.

A nonconforming sign may not be:

(a)

Changed to another nonconforming sign;

(b)

Structurally altered so as to extend its useful life;

(c)

Expanded;

(d)

Reestablished after discontinuance for ninety (90) days or more;

(e)

Reestablished after damage or destruction of more than fifty (50) percent of the value.

2.

All illegal signs shall be removed or made to conform to this Chapter within ninety (90) days.

3.

All nonconforming signs shall be removed or made to conform according to Schedule I or Schedule II, whichever is longer.

b.

Schedule I. Time periods are calculated from the date of adoption of this section.

1.

Painted wall window sign—Four (4) months.

2.

Wood frame sign—Four (4) months.

3.

Metal frame, neon sign—Four (4) months.

c.

Schedule II. Time periods are calculated from the date of adoption of the enabling legislation.

d.

An owner of a sign who desires to rely on an amortization period longer than four (4) months for a painted wall sign, four (4) months for a metal frame or neon sign, shall file with the City Council, on forms provided, a statement setting forth the value of said nonconforming sign on the date of adoption of this section. In no case, however, shall the declared value exceed the estimated replacement value for the said nonconforming sign. The City Manager shall use the current construction costs for each sign type for estimating replacement value.

(Ord. #82-323, § 23)

a.

General Provisions.

1.

Nonconforming exterior lighting may not be:

(a)

Changed to other nonconforming lighting;

(b)

Structurally altered so as to extend its useful life;

(c)

Expanded;

(d)

Reestablished after damage or destruction of more than fifty (50) percent of the value.

b.

All nonconforming recreational court lighting fixtures shall be modified and made to conform according to the following schedule wherein the time for conformance shall commence with the written notification for the City Manager of nonconformance with this section.

However, in no event shall the conformance time for any property, the owner of which has been given written notice of nonconformance, extend beyond a change of ownership of the property. A copy of the notice shall also be recorded with the County Recorder containing a legal description of the property.

c.

Any recreational court lighting installed prior to November 22, 1976, adopted date of Urgency Ordinance No. 76-247, An Urgency Ordinance of The City Council of The City of Villa Park Declaring A Moratorium On Any New Recreational Court Lighting For A Period of 120 Days, which does not conform to the provisions of this chapter need not necessarily be completely removed or relocated if the property owner can demonstrate all of the following to the satisfaction of the City Council.

1.

That the existing installation is an integral part of the recreational court.

2.

That a significant expense would be required to relocate the lighting system.

3.

That the new location of the light fixture or support poles would interfere with the usability of the recreational court.

4.

That there is some other way to substantially meet the objective of this chapter.

Any property owner desiring relief from the requirements to conform to the provisions of this section shall prior to the expiration of period prescribed in paragraph b. of this subsection file an application for relief with the City Council. Such application shall be in the form of a conditional use permit, but no fee shall be required. The City shall give notice of a public hearing to be held in the appropriate form and manner required for a conditional use permit.

The decision of the City Council in these matters shall be final.

(Ord. #82-323, § 23)